Answer The NIW requires an intention to continue to work in the field of expertise. So, while there is no specific job offer requirement, the entire case is based upon one's qualifications and the benefit prospectively to the United States that is likely to come from...
Answer Sometimes, the connection is obvious, such as when an RFE is issued, and it is of the type that is issued only for cases that are close to current. But, if there is any uncertainty about this, it is possible just to call the USCIS...
Answer A case pending with BALCA may be used as a basis to apply for a one-year extension of H1B status, assuming the LC was filed at least 365 days prior. So, if the beneficiary left for a year and the BALCA case is still pending,...
As previously noted in the MurthyDotCom NewsBrief, Trend of Sluggish Movement Continues in May 2016 Visa Bulletin (12.Apr.2016), there is almost no change in the dates for filing (DF) chart in the May 2016 Visa Bulletin issued by the U.S. Department of State (DOS). As...
As explained in Annual Reminders for Individuals - Check I-94 Expiration Dates (06.Apr.2016), foreign nationals can avoid a number of serious immigration problems by being mindful of certain key dates related to their stay in the United States, such as the I-94 expiration date. Depending...
The May 2016 Visa Bulletin was released by the U.S. Department of State (DOS) earlier today. Unsurprisingly, there is very little movement in the employment-based categories.In the final action (FA) chart, the cutoff date in the employment-based, second preference (EB2) category for India moves ahead by...
Answer H-4 status and H-4 EADs are generally granted for the same duration of the principal worker's H1B status. (11.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...
On March 18, 2016, the U.S. Citizenship and Immigration Services (USCIS) issued the finalized policy memorandum on determining whether a new job is the same or similar in the context of a job change pursuant to the American Competitiveness in the Twenty First Century Act (AC21)....
Answer Assuming the business is located in a targeted employment area (TEA) - meaning an area with high unemployment or a rural area - then the minimum EB5 investment amount would be $500,000. However, the EB5 applicant must have personally invested $500,000 of his or her...
Answer This situation would have to be looked at in detail to give a specific, reliable answer. But, generally, if the transactions are structured so that B is a successor in interest to A, and then C is a successor to B, it would not be...
